25C - AGMT MERCHANT PROCESSING SVCS

Home Browse Search

access to the Service or its related systems or networks. Biller shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to arty third party the Service in any way; (Ii) modify or make derivative works based upon the Service; (iii) Recreate, "frame" m'mirror" any portion of the Service on any other server or wireless or Internet -based device; (iv) revr me engineer or access the Service; or (v) may any features, functions or graphics of the Service. Invoice Cloud is not responsible Por any Biller postings in error due to delayed notification from credit card processor, ACB hank and other related circumstances. Biller agrees to provide Invoice Cloud with complete and accurate billing and contact information. This information includes Biller's legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. Biller agrees to update this infmmation within 30 days of any change to it. Biller is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of services and adjustment of Transactions. Biller is also required to disclose any refund, return or cancellation policies to Invoice Cloud and any applicable payment processors and tiller's Customers, as requested. Any change in a return) cancellation policy with the transactions underlying the Transaction Data must be submitted to Invoice Cloud, in writing, not less than 21 days prior to the effective date of such change. If Biller allows or is required to provide a prim adjustment, or cancellation of services in connection with a Transaction previously processed, Biller will prepare and deliver to Invoice Cloud Transaction Date reflecting such refund/adjustment within 2 days of resolution of the request resulting in such tefundladjustarmt. The amount of the mfundladjtsstmenl with respect to Transactions under the Service cannot exceed the amount shown as the total on the original Transaction Data. Biller may not accept cash or any other payment or mnsideratim from a CLstmner in return for preparing a refund to be deposited to the Customer's amount; nor, with respect to credit card transactions, may Biller give cash/check refunds to a Customer in connection with a Transaction previously processed, unless required by applicable law. Individual uses, when they initially log in, may be asked whether ornot they wish to receive marketing and other con -critical Service -related communications from Invoice Cloud fiom time to fima They may opt out of receiving such communipdons at that time or at any subsequent time by changing theirprefneace under hltg:l/www.invoiccclnud cera/nrivacv.hlml. Note that because the Service is sheeted, online application, Invoice Cloud occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. The following is applicable is to any Biller who is a Submilter, and to AMEX credit card charges: As to all Transactions Biller submits to Invoice Cloud for processing, Biller represents and warmers that: (1) The Transaction Data represents payment or refund of payment, for a bona fide transaction (2) The Trausaction Data represents an obligation of the Customer for the amount of the Transaction and the accuracy of all Transaction Data (3) The Transaction Data does not involve any element of credit for payment of previously dishonored payment or for any other purpose than payment for a current transaction and future payments as agreed upon by the customer. (4) The Transaction Data is free from any material alteration not authorized by the Customer. (5) The amount charged for the Transaction is not subject to any dispute, samIX or counterclaim. (6i Neither Biller nor its employees has advanced any cash to the Customer in connection with the Transaction, nor have you accepted payment for effecting credits to a Customer. (7) Biller has made no representations or agreements for the issuance ofrefunds except as it states in your tetum/cancellation policy, which has been previously submitted to Invoice Cloud in writing, and which is available to the Customer. (8) Anytransactionsubmitted to invoice Cloud to credit a Customer's account represents a refund or adjustment to a Transaction previously submitted to Invoice Cloud. (9) Biller has no knowledge or notice of information that would lead it to believe that the enforceability or collectability of the subject Transaction Data is in any manner impaired. The Transaction Dam is in campfience with all applicable laws, ordinances, and regulations. The Transaction Data is originated in compliance with this Agreement and any applimble agreements. (10) For a Transaction where the Cusmmerpays in installments or on a deferred payment plan, a Transaction Data record has been prepared separately for each installment transaction or deferred payment on the date(s) the Customer agreed to bo charged. All installments and deferred payments, whether or not they have been submitted to Invoice Cloud for processing, shall be deemed to be a part of the original Transaction. (11) Biller has not submitted any Transaction that it knows or should have (mown to be either fraudulent, illegal, or otherwise in violation of any provision of this Agreement or other applicable agreements. (12) All Transaction Data is complete and accurate (including with respect to total due fields) and Invoice Cloud's not liable or responsible for any incomplete or inaccurate Transaction Data. 25C-21